SHRIHARI CHARAN DAW Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the Petitioner has challenged the order dated 11th July, 2005 passed by the Under Secretary to the Government of India, the Respondent No. 2, declining the prayer of the Petitioner for grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980 ( for short the "Scheme") and has prayed for a direction upon the Respondents to grant the benefit of pension in accordance with the Scheme.

(2.) It is to be noted that in 1972 the Government of India prepared a scheme known as Freedom Fighters' Pension Scheme, 1972 for providing pension to ex-freedom fighters who suffered imprisonment during the freedom struggle. In 1980 a liberalized scheme was introduced which is the Scheme as noted. The liberalized scheme categorized persons eligible for the grant of such pension. A person who remained underground for six months or more provided he was i) a proclaimed officer or (ii) one on whom an award for arrest/head was announced or (iii) one whom detention order was issued but not served becomes eligible. The Scheme also mandates, which in the instant case assumes significance, is that in the absence of certificate from official records regarding detention, a non-availability record certificate ONARC for short) from the concerned authority is required along with a certificate from a prominent freedom fighter who had undergone imprisonment for a period of at least two years. In accordance with the Scheme, on 14th September, 1981 the Petitioner applied for pension. A certificate regarding absconcion was issued by an eligible certifier. Thereafter, the matter was considered by the District Level Advisory Committee. As evident from Annexure-P/2, the committee recommended the case of the Petitioner for pension on the basis of suffering absconcion from October, 1942 to December, 1943 which was supported by the certificate by the eligible certifier of the same district. Since in spite of recommendation pension was not granted, the Petitioner moved a writ petition (Shriharicharan Daw v. Union of India and Ors.) which was disposed of on 8th July, 1994 by directing the Respondent Nos. 1 and 2 therein to consider and dispose of the application of the Petitioner for grant of pension within two months from the communication of the order taking into consideration the recommendation of the State authorities.

(3.) Pursuant to such direction the matter was considered and by order dated 28th December, 1994 the prayer of the Petitioner was rejected. While rejecting the claim it was held thus: